Obligations of de-facto-regimes
Abstract
This paper in its first part intends to determine and critically evaluate, if, to what extent and on what basis, de-facto regimes are under an obligation to ensure human rights to individuals coming under their jurisdiction. It is important to clarify a possibility to recognize de-facto regimes as bearers of human rights obligations with the duty incumbent on third states and international organizations not to recognize these de-facto regimes because of the unlawful character of their creation, according to international law. In the second part this paper aims to determine the humanitarian law obligations which de-facto regimes are bind by. Last but not least, business cooperation with other states and international organizations is discussed as a prerequisite for the de-facto regime’s capacity to ensure economic, social and cultural rights of people living on its territory.
Received: 01.11.2019
Accepted: 21.11.2019
Published online: 03.07.2020
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Last update: 08/02/2022
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